More Scandal at FICAC as Acting Deputy Commissioner Resigns

The recent appointment of Barbara Malimali has exposed the lack of independence in institutions, the absence of due process, and a prime minister who claims ignorance of what's happening under his watch.

Day Two of the Barbara-gate scandal introduces a new player: Deputy Prime Minister and Finance Minister Biman Prasad, who faces allegations involving multiple counts of undeclared assets, income, and liabilities.

At the heart of the controversy, Ms Malimali was swiftly appointed Commissioner of the Fiji Independent Commission Against Corruption (FICAC).

There are strong indications she is there to block efforts that could implicate the Finance Minister.

The situation thickens as Attorney-General Graham Leung defends Ms Malimali’s appointment, with some suggesting she has been installed at FICAC to protect the interests of those in power, who wish to avoid accountability.

Late yesterday afternoon, Acting Deputy Commissioner Francis Pulewai met with the Judicial Services Commission (JSC) and tendered her resignation.

“I told them I can’t work with Barbara.”

Ms Pulewai emphasised she had no vesed interest in opposing the new appointment.

Her only concern was to ensure that the rule of law was upheld and respected.

“He (Biman) was supposed to be arrested, but they will have to wait for the new Commissioner to come in, and the decision will be made thereafter,” she said.

“What we’ve done today is put our foot down; We need those files to proceed as they are, without any influence from elsewhere.”

Ms Pulewai explained the investigation into Mr Prasad was already in the system before she took office.

With her resignation, Ms Pulewai hopes FICAC’s integrity will not be compromised, that justice will prevail, and the rule of law will be respected.

Biman Prasad responds

Meanwhile, when asked about Ms Pulewai’s resignation, Mr Prasad said the matter was now for the new commissioner to address.

“My lawyers have been handling the complaints from the beginning, communicating with FICAC, and have been very clear that there is no basis for the allegation and charge. That’s where the matter ends for me,” Mr Prasad said.

Mr Prasad declined to comment further.

Turaga defends Malimali

Minister for Justice, Siromi Turaga confirmed that Ms Malimali had written a letter of complaint to the JSC about the FICAC search conducted at the Electoral Commission on Tuesday.

On the same afternoon, Ms Malimali was accompanied by Chief Registrar Tomasi Bainivalu to the FICAC office and introduced to staff as their new Commissioner.

The next morning on September 5, Ms Malimali upon her arrival to start work at the Reverend John Hunt building was questioned by FICAC investigators.   She was later released at around midday.

On the same day, Ms Pulewai wrote a letter to Mr Turaga informing him as a matter of courtesy that  Mr Prasad would be charged.

“First and foremost, she (Ms Malimali) was appointed by JSC, she visited the FICAC office with the Chief Registrar,” Mr Turaga said.

“After her departure, she was never given any information about the investigation, it was only when she was at work, some people were at work, which resulted in what happened because at the end of the day, the charge needs to be charged by FICAC, that’s what we couldn’t understand.”

Mr Turaga said the whole process was leaked on social media without considering the other factors that protected the confidentiality within JSC.

FICAC is protected under the 2013 Constitution.

Deputy Prime Minister Manoa Kamikamica maintained that due process was followed.

“Two celebrated judges in the country are part of the JSC,” Mr Kamikamica said.

“We are not going to interfere, this Government is all about protecting democracy – separation of powers, there’s no interference at all.”

The People’s Alliance Party Manifesto had promised to remove FICAC in the first 100 days.

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